Bruce Smith, former NFL star, was arrested for driving under the influence in Virginia early Friday morning. Smith was stopped for speeding around 1:45 am on Interstate 264. After officers suspected alcohol, Smith refused a breath test. He was booked for VA DUI and released on bond several hours later.

Over 19 years, Smith, 45, played for the Buffalo Bills and the Washington Redskins. He is the NFL leader in sacks and he will inducted into the Football Hall this summer.

Smith, a native of the Norfolk area, has been arrested for DUI twice before. A 1997 charge was dismissed and he was acquitted in a 2003 incident.

Were you arrested for DUI in VA?

For a number of years DWI defense lawyers have questioned the reliability and accuracy of breathalyzers. At issue was the source code used to determine BAC during an investigation into driving while intoxicated. Given the constitutional right of a defendant to challenge accusations of guilt and the fact that breath test results are often the sole basis for determining guilt, access to the code is considered judicially prudent. Several state courts, including Florida, Minnesota and New Jersey, have agreed, and mandated reviews of the source code. Manufacturers, despite fines and court orders, have resisted making the software available.

A landmark case involving New Jersey DWI criminal lawyer Evan Levow has lead to a court ordered audit of the source code for the Alcotest 7110 MKIII-C manufactured by Draeger. In two separate studies, one commissioned by Draeger and another by the defendant, both found that the code does not meet industry standards for software design and that it contains

Trail of oil leads to California DUI suspect

(Austin Texas)

The Pennsylvania State Police Commissioner released statistics showing a drop in the number of police pursuits during 2008. A total of 1,809 pursuits were made last year, compared to 1,931 during 2007. Deaths resulting from a pursuit were also down, from thirteen in 2007 to nine in 2008.

The figures reflect actions undertaken by law enforcement agencies across the state. The most common reason for initiating a pursuit was a traffic violation, such as speeding (910 pursuits). Felony criminal charges (260), driving under the influence in Pennsylvania (239) and stolen vehicles (227) were the other most cited reasons. Of all the pursuits initiated, 1,301 resulted in apprehension.

According to state law, each law enforcement agency must have a written policy for vehicle pursuit, including when to initiate, continue or terminate a pursuit. Because of safety concerns, such information is considered confidential and not available to the public. A pursuit is defined as a motorist resisting apprehension by increasing speed or ignoring indications to stop.

Link to report

Have you been charged with DUI in PA?

A Baltimore District Judge has dismissed charges of driving under the influence in Maryland filed against Ryan Fox. Fox was stopped for speeding and charged with three DUI related offenses. The electronic ticket issued to him listed ‘driving/attempting to drive’ before each of the offenses. The inclusion of both phrases means two charges were filed for each offense, and a MD DUI defense attorney successfully argued that that such duplicitous charges are against the law.

The e-citation system replaced use of pen and paper, and it allows a law enforcement officer to swipe a motorist’s driver’s license and transfer citation information to the district court computer. The motorist is given a print out of the citation. The state police program software provided by the equipment manufacturer, meaning the specific wording is the responsibility of the state. A state police spokesperson says that the there is no problem with the e-citation system, and goes on to clarify that both chief and district court judges have been briefed on the e-ticket process. The Baltimore County State’s Attorney says that this is simply lawyers finding a new defense argument, though he said his office will research the issue.

Meng & Alpert, a law firm that focuses on Maryland DUI defense, says that duplicitous charges are nothing new. When pen and paper were used, a trooper would often not properly complete the form or improperly circle an offense.

Additional e-tickets issued for drunk driving in Maryland may be subject to the same ruling. In the case of Ryan Fox, the State’s Attorney intends to have the law enforcement officer redo the ticket and then plans to reintroduce the DUI charges.

Have you been charged with DUI in MD?

The Utah legislature recently passed measures that dramatically changed access to liquor in the state. Now bars are not required to operate as private clubs and restaurants will be able to serve drinks. Due to more relaxed availability of alcohol, some lawmakers saw the need to strengthen laws dealing with driving under the influence in Utah.

A new law set to take effect today calls for the seizure of vehicles used by repeat DUI offenders. The bill is not retroactive, so only those convicted of felony DUI after May 12 who have their driver’s license suspended and are subsequently re-arrested and convicted of another drunk driving offense on a suspended license are subject to losing their vehicle. Provisions are in place to address vehicles that have been loaned to the drunk driver, protect those who have financed the vehicle and are owed money, and help families with only one form of transportation.

Based on past statistics for DUI in Utah, it is anticipated that 10 vehicles a month will be subject to seizure. The condition and age of the vehicle will also influence the prosecution

Riding Horseback While Intoxicated in Colorado

Illinois State Police have been seizing certain vehicles following arrests for drunk driving in Illinois, and then setting them aside for personal and business use by influential officials. The Associated Press has reported that police used a state seizure law to confiscate a high-performance Dodge Charger SRT8 valued at over $38,000. The vehicle was then awarded to the executive director of the Illinois State Police Merit Board.

Having a good relationship with the Merit Board is known to enhance a state troopers

Broward County Sheriff